Nishikant Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

2 106 of 201 Nishikant Singh, Age about 29 years, S/o Shri Awdhesh Singh, R/o Ward No. 3, In-front of State Bank Neora, Tilda, District (Revenue-Civil)- Raipur ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station - Jutmil, Raigarh, District- Raigarh (C.G.) ---- Non-applicant For Applicant:

Mr. Yogesh Pandey, Advocate.

For Non-applicant/State:Mr. Vivek Singhal, Panel Lawyer For Objector:

Mr. Aditya Kumar.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 5 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 962/2015 registered at Police Station Jutmil, Raigarh, District Raigarh for the offences punishable under Sections 498-A/34 of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act. (2) Case of the prosecution, in brief, is that marriage of complainant Rashmi Singh was solemnized with the applicant on 30th January, 2015 and immediately after marriage present applicant started harassing her and demanded 10 lakhs as ₹ dowry and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that three reports have already been lodged against the complainant for threatening the applicant; for her improper behaviour damaging the household articles: and she also tried to commit suicide by consuming phenyl. He also submits that applicant is languishing in jail since 3.3.2016 and the charge sheet is yet to be filed but substantial investigation has already been completed and therefore, the applicant may be released on bail.

(4) On the other hand, learned counsel for the State opposes the bail application.

(5) Taking into consideration nature and gravity of the offence; facts & circumstances of the case; further considering the fact that dispute is between husband & wife; his pre-trial detention, and the fact that substantial investigation has already been completed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant- Nishikant Singh is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- (Sanjay K. Agrawal) Judge